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    Frank M. Gaster v. F. Douglas Taylor, Warden Gladys Washington, Irc, 4 F.3d 985, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It discusses how a plaintiff, Frank M. Gaster, filed a Section 1983 civil rights claim in district court that was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, the plaintiff failed to object to the magistrate's recommendation, so the appeals court affirmed the district court's dismissal, finding the plaintiff had waived their right to appellate review by not objecting in a timely manner.

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    Frank M. Gaster v. F. Douglas Taylor, Warden Gladys Washington, Irc, 4 F.3d 985, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It discusses how a plaintiff, Frank M. Gaster, filed a Section 1983 civil rights claim in district court that was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, the plaintiff failed to object to the magistrate's recommendation, so the appeals court affirmed the district court's dismissal, finding the plaintiff had waived their right to appellate review by not objecting in a timely manner.

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    Filed: 1993-08-30 Precedential Status: Non-Precedential Citations: 4 F.3d 985 Docket: 93-6256

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It discusses how a plaintiff, Frank M. Gaster, filed a Section 1983 civil rights claim in district court that was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, the plaintiff failed to object to the magistrate's recommendation, so the appeals court affirmed the district court's dismissal, finding the plaintiff had waived their right to appellate review by not objecting in a timely manner.

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    8 views2 pages

    Frank M. Gaster v. F. Douglas Taylor, Warden Gladys Washington, Irc, 4 F.3d 985, 4th Cir. (1993)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. It discusses how a plaintiff, Frank M. Gaster, filed a Section 1983 civil rights claim in district court that was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, the plaintiff failed to object to the magistrate's recommendation, so the appeals court affirmed the district court's dismissal, finding the plaintiff had waived their right to appellate review by not objecting in a timely manner.

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    of 2

    4 F.

    3d 985

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Frank M. GASTER, Plaintiff-Appellant,
    v.
    F. Douglas TAYLOR, Warden; Gladys Washington, IRC,
    Defendants-Appellees.
    No. 93-6256.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: August 5, 1993.
    Decided: August 30, 1993.

    Appeal from the United States District Court for the District of South
    Carolina, at Charleston. Henry M. Herlong, Jr., District Judge. (CA-902746-2-20AJ)
    Frank M. Gaster, Appellant Pro Se.
    James Albert Stuckey, Jr., Stuckey & Kobrovsky, Charleston, South
    Carolina, for Appellees.
    D.S.C.
    AFFIRMED.
    Before MURNAGHAN, Circuit Judge, and BUTZNER and SPROUSE,
    Senior Circuit Judges.
    PER CURIAM:

    OPINION

    Frank M. Gaster appeals the district court's order dismissing this action brought
    under 42 U.S.C. Sec. 1983 (1988). Plaintiff's case was referred to a magistrate
    judge pursuant to 28 U.S.C.Sec. 636(b)(1)(B) (1988). The magistrate judge
    recommended that relief be denied and advised Plaintiff that the failure to file
    timely objections to this recommendation could waive appellate review of a
    district court order based upon the recommendation. Despite this warning,
    Plaintiff failed to object to the magistrate judge's recommendation.

    The timely filing of objections to a magistrate judge's recommendation is


    necessary to preserve appellate review of the substance of that recommendation
    where the parties have been warned that failure to object will waive appellate
    review. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); United
    States v. Schronce, 727 F.2d 91, 93-94 (4th Cir.), cert. denied, 467 U.S. 1208
    (1984); see also Thomas v. Arn, 474 U.S. 140 (1985). Plaintiff has waived
    appellate review by failing to file timely objections after receiving proper
    notice. We accordingly affirm the judgment of the district court. We dispense
    with oral argument because the facts and legal contentions are adequately
    presented in the materials before the Court and argument would not aid the
    decisional process.
    AFFIRMED

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